Hunter v. Albright
Supreme Court of Pennsylvania
' ERROR to the Common Pleas of Perry county. This was an action of ejectment brought by Samuel Albright against John .Hunter and James Hunter, for 200 acres of land, in which the defendants took defence for 70 acres. The plaintiff’s title was a warrant to John Little of the 28th December 1774, for 200 acres,-upon which a survey was made on the 12th March 1775, and duly returned.
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' ERROR to the Common Pleas of Perry county. This was an action of ejectment brought by Samuel Albright against John .Hunter and James Hunter, for 200 acres of land, in which the defendants took defence for 70 acres. The plaintiff’s title was a warrant to John Little of the 28th December 1774, for 200 acres,-upon which a survey was made on the 12th March 1775, and duly returned. The land was taxed in the name of William Rawle for the years 1834-5 as unseated, and sold on the 11th June 1838 to Samuel Albright, the plaintiff. The defendants’ title was a warrant to Michael Capp of the 7th June…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The counsel for the plaintiffs in error admit, that the title to the land in controversy, which originated under the Little warrant and survey, was better than, and superior to any that could be claimed under the Capp warrant and survey, but as it was not. the title that was taxed, nor yet the owner of it, but the land described in the assessment, without regard to the title under which it might be held or claimed, and as the first assessment of taxes and sale by order of the commissioners on account thereof passed the title, no matter in…
2Cases cited1 opinion
- Strauch v. ShoemakerSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- County of Chester v. BarberSupreme Court of Pennsylvania · 1881
- Kunes v. McCloskeySupreme Court of Pennsylvania · 1887
- Schreiber v. MoynihanSupreme Court of Pennsylvania · 1901
- Feltz v. Natalie Anthracite Coal Co.Supreme Court of Pennsylvania · 1902
- Berger v. Multnomah CountyOregon Supreme Court · 1904
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